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Should The Medium Affect The Message? Legal And Ethical Implications Of Prosecutors Reading Inmate-Attorney Email, Brandon P. Ruben
Should The Medium Affect The Message? Legal And Ethical Implications Of Prosecutors Reading Inmate-Attorney Email, Brandon P. Ruben
Fordham Law Review
The attorney-client privilege protects confidential legal communications between a party and her attorney from being used against her, thus encouraging full and frank attorney-client communication. It is a venerable evidentiary principle of American jurisprudence. Unsurprisingly, prosecutors may not eavesdrop on inmate-attorney visits or phone calls or read inmate-attorney postal mail. Courts are currently divided, however, as to whether or not they can forbid prosecutors from reading inmate- attorney email.
This Note explores the cases that address whether federal prosecutors may read inmates’ legal email. As courts have unanimously held, because inmates know that the Bureau of Prisons (BOP) monitors all …
How The Decisions In Favor Of The Stein Thirteen Will Affect The Litigation Of Corporate Crime And Department Of Justice Policies And Expand The Sixth Amendment Right To Counsel, Christopher Mcnamara
How The Decisions In Favor Of The Stein Thirteen Will Affect The Litigation Of Corporate Crime And Department Of Justice Policies And Expand The Sixth Amendment Right To Counsel, Christopher Mcnamara
Fordham Law Review
The U.S. Court of Appeals for the Second Circuit became the first appellate court in nearly thirty years to uphold the dismissal of criminal indictments for a Sixth Amendment right-to-counsel vilation. United States v. Stein is a unique case that intertwines constitutional interpretation, constitutional remedies, white collar crime, and U.S. Department of Justice (DOJ) policy. The immediate effects of the Stein decisions not only reflect the changing attitudes at the DOJ on how to prosecute white collar crime but have simultaneously caused the Doj to implement such changes. As the Sixth Amendment has developed and augmented such changes, so has …
Answering Justice Scalia's Question: Dual Sovereignty And The Sixth Amendment Right To Counsel After Texas V. Cobb And Montejo V. Louisiana, Ryan M. Yanovich
Answering Justice Scalia's Question: Dual Sovereignty And The Sixth Amendment Right To Counsel After Texas V. Cobb And Montejo V. Louisiana, Ryan M. Yanovich
Fordham Law Review
Since the U.S. Supreme Court decided Texas v. Cobb in 2001, eight courts of appeals have rached divergent conclusions as to the scope and extent of a criminal defendant's Sixth Amendment right to counsel when he is being prosecuted by multiple sovereigns, including, most recently, the U.S. Court of appeals for the Eleventh Circuit in 2008. Invariably, each circuit court purports to draw conclusive support for its holding from the plain language of Cobb. The conflict among the circuits reveals a tension between the courts; desire to balance fundamental individual and legitimate state interests, achieve uniformity and consistency in the …
Serving Two Masters: Evaluating The Criminal Or Civil Nature Of The Vwpa And Mvra Through The Lens Of The Ex Post Facto Clause, The Abatement Doctrine, And The Sixth Amendment, Brian Kleinhaus
Fordham Law Review
No abstract provided.
Judicial Rationalizations For Rationing Justice: How Sixth Amendment Doctrine Undermines Reform, Bruce A. Green
Judicial Rationalizations For Rationing Justice: How Sixth Amendment Doctrine Undermines Reform, Bruce A. Green
Fordham Law Review
No abstract provided.
Invalid Waivers Of Counsel As Harmless Errors: Judicial Economy Or A Return To Betts V. Brady, Bruce A. Mcgovern
Invalid Waivers Of Counsel As Harmless Errors: Judicial Economy Or A Return To Betts V. Brady, Bruce A. Mcgovern
Fordham Law Review
No abstract provided.